The Unique Gem Lady

I create mainly gemstone trees and tree of life pendants, but my passion for crafty creations doesnt stop there, so welcome to my page, have a good nosey around, and please feel free to contact me with any questions. I am also happy to discuss custom / commission orders :)

Terms & Conditions;
a. Cooling Off Period – the CCRs extend the period in which a consumer can cancel a contract at will (without having to give any reason) from seven working days (for distance contracts) and seven calendar days (for off-premises contracts) to 14 calendar days for both distance and off-premises contracts. For supply of goods, this period commences after the day on which the goods are delivered to the consumer or its nominee. For supply of services, the period commences after the day on which the consumer enters the contract. This period is extended if there is a breach of the information requirements (see below). The legislation also provides for circumstances in which the provision of services can commence before expiry of the cooling off period, subject to the express request of the consumer.

b. Model Form – the CCRs states that a trader must give or make available to the consumer a model cancellation form that is in a prescribed form to enable the consumer to exercise his/her cancellation rights. Although the trader is obliged to provide the form, the consumer does not have to use the form and can communicate his/her decision to cancel in any other way (this doesn’t even have to be in writing).

c. Right to Refund – where a consumer has exercised his/her right to cancel, the retailer must reimburse the total price paid for the goods or service, including the cost of delivery (but the trader does not have to reimburse the additional cost of any premium delivery option beyond the cheapest delivery service offered by the trader). The trader must process the refund within the timescales set out in the legislation. The trader may make an appropriate deduction if the value of the goods have been diminished by the consumer beyond that which is necessary to establish the nature and functioning of the goods received – i.e. if the consumer has used the goods beyond that which is reasonably necessary to inspect the goods as he/she could do if the goods were purchased on-premises. The consumer must bear the cost of returning the goods, unless the trader has failed to make this clear to the consumer pre-contract or if by its nature the goods cannot be returned by post.

d. Cancellation and Ancillary Contracts – cancellation of the main contract will automatically trigger the termination of any ancillary contracts, such as any insurance or maintenance contract for the goods. This will be the case even where the ancillary contract is not between the consumer and the trader, but is with a third party. The consumer need only exercise his/her right to cancel vis-a-vis the trader and it will be the trader’s responsibility to inform the third party of the cancellation.

e. New Information Requirements – the CCRs introduce a checklist of information which traders must make available to consumers pre-contract. The list of information varies depending on the channel of sale, with requirements for on-premises, off-premises and distance contracts. The CCRs imply a term into each consumer contract that the trader has complied with its information obligations. Although this requirement is not new for online sales, the information required to be provided is now more detailed and there are also certain changes to the form in which the information needs to be provided. The requirement to also provide this information in a “durable medium” remains. For on-premises sales, the requirements include providing details of a trader’s complaint handling policy and details of relevant guarantees and after-sales services.

f. Obligation to Pay – before consumers commit to an order online, traders must now make clear to consumers that they will be required to make payment once they commit to an order. If this involves the click of a button to complete the order, the button must carry the words “order with obligation to pay” or a “corresponding unambiguous formulation indicating that placing the order entails an obligation to pay”. The legislation is very prescriptive on this requirement and it is clear that many UK retailers currently do not comply with the required wording.

g. Additional Payments and Tick Boxes – the CCRs ban pre-ticked boxes for any supplementary goods and services (e.g. such as warranty support, insurance, express delivery etc.) Such additional services must be actively selected by the consumer if they wish to purchase the additional service rather than the consumer being forced to un-tick the selection.

h. Delivery of Goods – unless the trader and consumer agree otherwise, the trader must deliver the goods without undue delay and in any event within 30 days from the date the contract was entered into.

i. Telephone Helpline – where a trader offers a telephone helpline for consumers, including for after-sales support, the CCRs provide that the trader must offer a number that charges no more than the basic rate. The legislation does not prohibit premium or revenue sharing numbers but requires the trader to also provide a basic rate alternative which must be communicated as prominently as any other number.